A. Applicability:
1. All applications for a zoning ordinance map amendment to a planned community based district shall require a concurrent submission of a development agreement application.
2. Approval of all other applications for zoning ordinance map amendments may be conditioned upon the applicant's entry into a development agreement.
B. Process: An application and fees shall be submitted to the administrator on forms provided by the development services department. The application shall include the following materials:
1. An affidavit by the property owner agreeing to the submission of the development agreement.
2. A listing of any proposed modifications to the standards imposed by other regulations of this title.
3. A legal description for the property subject to the development agreement.
4. A project description of the uses proposed for the property subject to the development agreement describing the following:
a. The specific uses proposed for the property.
b. The form, and name if available, of the organization proposed to own and maintain any dedicated open space.
c. The proposed systems for water supply, sewage systems, and stormwater management.
C. General Regulations:
1. The allowed uses, densities and standards shall be those in effect at the time the development agreement is effective.
2. A development agreement shall not prevent the board, in subsequent actions applicable to the property, from adopting new ordinances, resolutions, and regulations that conflict with those ordinances, resolutions and regulations in effect at the time the agreement is made, except that any subsequent action by the board shall not prevent the development of the property as set forth in the approved development agreement.
3. The board may suspend the issuance of any permits after a noticed public hearing if it finds that a clear and imminent danger to the public health, safety, or welfare requires the suspension.
4. In the event that state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more regulations of the development agreement, such agreement may be amended or terminated pursuant to subsection F of this section as may be necessary to comply with the new state or federal laws or regulations.
D. Required Finding: In order to approve the application, the board shall find that the proposed development agreement complies with the regulations of this section.
E. Periodic Review: The administrator shall monitor the terms and conditions of the final development agreement as set forth in the final development agreement. A more frequent review may be undertaken at the administrator's discretion or at the direction of the board.
1. As part of the review, the applicant, owner, or successor in interest shall be required to demonstrate good faith compliance with the final development agreement.
2. If the administrator finds that the applicant or owner has failed to perform or comply with the terms of this agreement, the administrator shall notify the applicant or owner of the failure of performance or compliance. If after ninety (90) days, the applicant or owner has not made a good faith effort toward compliance with the terms of this agreement, the administrator shall forward the development agreement to the board for review and action.
3. If the board finds and determines, on the basis of substantial evidence, that the applicant, owner, or successor in interest has not complied in good faith with the terms and/or conditions of the final development agreement, action may be taken to terminate the agreement by the board.
F. Amendment Or Termination Of Final Development Agreement: A final development agreement may be amended or terminated in whole or in part, by either a request of the parties to the agreement, or their successors in interest, with approval by the board or by action initiated by the board as set forth in this section.
1. Notice of intention to amend or terminate any portion of the final development agreement shall be in accord with this section.
2. To amend a development agreement, the board shall make the required finding as specified in subsection D of this section for approval of an amendment to the final development agreement.
3. The board may terminate a final development agreement if one of the following applies:
a. The termination is requested by the parties to the agreement or their successors in interest, and the board determines that the termination would not be materially detrimental to the general public, health, safety, and welfare of the county.
b. The board determines that the parties to the agreement, or their successors in interest, have failed to comply with the terms of the development agreement.
4. The termination of a development agreement shall result in the reversal of the zoning ordinance map amendment approval and applicable development approval for any undeveloped portion of property subject to the development agreement. The undeveloped property subject to the development agreement shall be rezoned to the zoning district classification in effect prior to approval of the development agreement.
5. Any action by the board to amend or terminate a previously recorded development agreement shall be recorded in the office of the Gem County recorder by the clerk to the board. (Ord. 2009-05, 9-28-2009)